Miss M Silva v Sentrex Services UK Ltd — 2022

Miss M Silva had been employed by Sentrex Services UK Ltd from 22 February 2019 as a cleaner or cleaning operative. At the preliminary hearing on 12 May 2022, the tribunal dealt only with the respondent's strike-out application. The notice-pay breach of contract claim was withdrawn after the claimant accepted she had received the sum claimed, albeit later than she said it was due, and the unfair dismissal claim was struck out because she had less than two years' continuous employment.

On the race discrimination claims, the tribunal accepted that the last alleged act was 26 March 2020 and that the claim form was lodged on 2 November 2020 after ACAS Early Conciliation between 21 September and 21 October 2020. It held that the discrimination claims were out of time on the primary three-month basis, but could not say they had no reasonable prospect of success because a final tribunal might extend time if it considered it just and equitable under section 123 of the Equality Act 2010. The tribunal referred to Cox v Adecco and said strike out is rarely appropriate in discrimination cases.

The tribunal also refused to strike out the discrimination claims for non-compliance with case management orders or for not being actively pursued. It found there had been clear non-compliance, but not deliberate non-compliance, and that the failures were linked at least in part to difficulties with the claimant's previous representative and language issues. With about five months remaining before the listed final hearing in October 2022, a fair hearing was still possible, and the tribunal accepted the claimant's assurance that the case was being actively pursued. No monetary remedy was determined at this stage.